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no seat belt

  • 23-05-2008 2:37pm
    #1
    Registered Users Posts: 106 ✭✭


    so i was pulled over for not wearing my seat belt and was told i would be getting a letter in the post:(.

    when i got the letter i notice my name was spelt wrong and the registration of my "mechanically propelled vehicle" was also incorrect.:rolleyes:

    what will be the out come?

    i should have asked this question when i got my 1st letter. i just got my second asking me to come to court:o


Comments

  • Closed Accounts Posts: 313 ✭✭haz


    Potluck wrote: »
    so i was pulled over

    This thread will be locked by someone saying you can't ask for legal advice and ought to seek legal advice costing a great deal more than the fine ....


  • Registered Users, Registered Users 2 Posts: 472 ✭✭UrbanFox


    Out of general interest if OP points out the "technical defects" in court can they be amended then or have the Gardai to issue a new summons ?

    If the case only gets to trial six months after the date of the alleged incident and is thrown out on the "technical defects" is there any power then to issue a new summons or is it too late ?


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    It is entirely at the judge's discretion to provide the garda with the opportunity to amend his/her monumental cock up. Having said that I'd imagine there is not many judge's that allow a garda get away with very sloppy work approach.


  • Registered Users, Registered Users 2 Posts: 78,495 ✭✭✭✭Victor


    Potluck wrote: »
    when i got the letter i notice my name was spelt wrong and the registration of my "mechanically propelled vehicle" was also incorrect.:rolleyes:
    This may be your fault as you driver and vehicle records may not be correct.


  • Registered Users, Registered Users 2 Posts: 15,172 ✭✭✭✭kmart6


    Shoulda been wearing your seat-belt....:mad:


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  • Registered Users Posts: 321 ✭✭wicklaman83


    haz wrote: »
    This thread will be locked by someone saying you can't ask for legal advice and ought to seek legal advice costing a great deal more than the fine ....

    Hasnt been locked yet


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    Victor wrote: »
    This may be your fault as you driver and vehicle records may not be correct.

    I would imagine that the OP can spell his/her own name.


    I am not having a dig at you, nor is it a crime to make a mistake, but the Garda are very arrogant and will prosecute based on their colleagues mistakes. They are not worth defending and they have that same attitude that indeed it is probably the drivers fault. It's time and money wasted every day.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Generally, if a mistake is brought to the judges attention prior to the Garda giving evidence the judge will allow ammendments to be made. If the Garda reads the wrong details into evidence and the accused then challenges the evidence, e.g. wrong registration number is read out and accused says I have never driven such a vehicle, a judge would find for the accused.

    There is a duty of care on the Gardaí to make sure they have every thing correct prior to the court and the accused has no obligation to inform the Gardaí of such mistakes. As seen this week a simple mistake like a date incorrectly recorded on a charge sheet will cause a case to collapse.


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